A, a complainant seeks permission for withdrawal of the complaint from the Magistrate under Section 257, CrPC in a summons case. Is the Magistrate bound to give permission for such withdrawal? Give reasons and also refer to case law, if any, on the point.

Question: A, a complainant seeks permission for withdrawal of the complaint from the Magistrate under Section 257, CrPC in a summons case. Is the Magistrate bound to give permission for such withdrawal? Give reasons and also refer to case law, if any, on the point.

Find the answer only on Legal Bites. [A, a complainant seeks permission for withdrawal of the complaint from the Magistrate under Section 257, CrPC in a summons case. Is the Magistrate bound to give permission for such withdrawal? Give reasons and also refer to case law, if any, on the point.]

Answer

Section 257 of CrPC lays down provisions regarding withdrawal of the complaint. It states that:

“If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.”

The Supreme Court laid down certain prerequisites for exercising the power under Section 257 CrPC in the case of Provident Fund Inspector, Tirupati v. Madhusudana Chaudhury, (2000) 9 SCC 506. These prerequisites for permitting withdrawal are:

1. There must exist a request of the complainant with sufficient grounds; and
2. Recording to the satisfaction of the Magistrate on such grounds that are good for allowing the complainant to withdraw the complaint.

Thus, it is clear from the bare reading of section 257 of the code that it is discretionary with the Magistrate to permit the complainant to withdraw his complaint or not. The section also makes it clear that the complainant will be permitted to withdraw his complaint against any or all the accused if there is more than one. So, the Magistrate is not bound to give permission for such withdrawal.

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